TERMS OF SERVICE
A. Definitions:
52-Week Memberships – includes any type of Membership where an annual commitment is required, Membership dues are either (i) pre-paid in full up front or (ii) bi-weekly payments are authorized by a completed Pre-Authorized Payment Consent Form from the Member, and Membership is subject to terms of the renewal policy.
Agreement – means this Membership agreement.
Change Room – refers to the area of the Premises that contains lockers, Washroom and Shower Stalls in the private individual changing areas.
Class – a group fitness class provided on site at the Premises.
Class Pass – an optional pass that a Foundation Member may purchase to access a Group Fitness Class.
Common Area – a partially enclosed, shared area of the Change Room for Members of all genders which is surrounded collectively by lockers and entrances to enclosed Shower and Washroom Stalls.
Consent and Acknowledgement – refers to the document comprising Schedule "C" of this Agreement.
Equipment – refers to all machines, free weights and accessories located on the Premises that is utilized for fitness activities.
Guest – an individual who is either visiting the VIMALIFE Premises with an existing Member or with the permission of staff, and has been checked in by the front desk staff.
Group Fitness Classes – regularly scheduled classes held on the Premises that will include a variety of group fitness offerings such as yoga, High Intensity Interval Training, and others.
Maximum Allowable Capacity – means the maximum number of individuals allowed on the Premises at any time for safety reasons and Fire Code compliance.
Member – an individual who is 18 years of age or older, who has signed this Agreement, completed and signed all of the documents contained in the Agreement and provided payment information, and whose payment status is in good standing in exchange for the privilege of accessing the VIMALIFE Premises and classes ("Members" in plural and all Members collectively the "Membership").
Membership Application Package – means this Agreement together with the completed Membership Form, Consent and Acknowledgement, and Waiver and Release, and (if applicable) the Pre-Authorized Payment Consent Form.
NSF – means Non-Sufficient Funds fee.
Peak Hours / Busy Periods – refers specifically to weekdays from 7:00am to 8:00am and from 5:00pm to 7:00pm, when the gym facility typically contains the highest number of Members.
Personal Training (also, "PT Services") – means one-on-one instruction and direction from a qualified VIMALIFE staff member or approved contractor.
Premises – refers to the entire VIMALIFE fitness facility, including the fitness class studios, strength and cardio equipment areas, common area, change rooms, outdoor area and front desk located on the ground level and 2nd floor at 276 Carlaw Avenue, Toronto, ON, M4M 3L1.
Property Manager – the on-duty property management staff of 276 Carlaw Avenue who oversees the operation of VIMALIFE INC. (also, "Property Management").
Regular Business Hours – as follows:
Monday to Friday 5:30am to 10pm
Saturday and Sunday 7am – 7pm
Closed on all statutory and provincial holidays
Retail Products / Merchandise – refers to any products sold on the Premises or online.
Service Animal – an animal that is trained to perform specific tasks for an individual with a disability e.g. a seeing eye (guide) dog.
Shower Stall – an enclosed area of the Change Room that contains a shower plus a private individual change area.
Starting Date – the date of this Agreement.
VIMALIFE – incorporated in Ontario as VIMALIFE INC., a membership-based health and fitness business offering the use of fitness equipment and/or classes to its Members on the Premises.
Waiver and Release – refers to the document comprising Schedule "B" of this Agreement.
Washroom Stall – a toilet contained in an enclosed space of the Change Room.
You – the undersigned of this agreement (also "your").
B. Overview of VIMALIFE Services
VIMALIFE provides each Member with access to a fitness facility located in the Leslieville neighborhood of downtown Toronto, which is equipped with strength training and cardio equipment, an Olympic style lifting area and an outdoor seating area. Group fitness classes will also be offered on site.
Each Member is provided with:
Access to the Premises and its fitness equipment and change room facilities;
Group Fitness Classes (included with Summit Memberships at no additional cost);
An account on the VIMALIFE app (IOS and Android), used for entry to the Premises by the scanning of a code;
Access to daily lockers that allow Members to set their own locking code;
One complimentary fitness assessment by our staff;
Option to purchase on-site Personal Training (PT) Services;
Option to purchase a selection of retail products, including selected VIMALIFE apparel, yoga mats, accessories, protein supplements and water; and
An optional newsletter.
Regular Business Hours:
Monday to Friday, 5:30am to 10pm; and
Saturday and Sunday, 7:00am to 7:00pm, excluding provincial and statutory holidays.
Hours are subject to change. All efforts will be made to provide reasonable notice to Members should there be any anticipated variations in the Regular Business Hours.
Peak Hours / Busy Periods:
Monday to Friday, 7:00am to 8:00am and 5:00pm to 7:00pm.
During these times, strength and fitness machine usage is limited to 15 minutes per Member. VIMALIFE also reserves the right to:
Enforce this rule at our discretion during any other period of time where the Maximum Allowable Capacity has been reached in the Premises; and
Restrict access or deny entry to the Premises in part or in whole if the Maximum Allowable Capacity has been reached in the Premises.
The complimentary fitness assessment provided to each Member is intended to provide general information about our observations regarding the Member's fitness level, areas that may require improvement, and recommendations on what to incorporate in their fitness routine. This is not a formal personal training session, and any feedback we offer does not replace the advice of a medical doctor or physician. VIMALIFE strongly recommends that you obtain clearance from your doctor or physician before beginning any exercise program.
Optional Personal Training is provided by qualified VIMALIFE staff or approved contractors. The terms and conditions of all Personal Training services at VIMALIFE are covered under the separate VIMALIFE 'Personal Training Services Agreement' (PT Services), which will be signed between the Member and VIMALIFE at the time the PT Services are purchased.
Retail sales are provided at the Premises with the following policies:
Accepted methods of payment for retail purchases are credit card and debit card only. Cash is not accepted.
Supplements may only be purchased by individuals who are aged 18 years or older.
All items are final sale and non-refundable.
C. Membership Sign-Up, Minimum Commitment and Payment Obligations
Membership Sign-Up
To become an eligible Member, you must:
Apply for Membership as an individual in your personal capacity;
Complete and sign all documents of the Membership Application Package and provide all requested contact information (a valid email address is mandatory);
Provide a copy of photo identification (e.g. driver's license);
Have a photo of your face taken for security purposes; and
Provide payment of initiation fee (if applicable) and either (i) pre-payment of entire term in full, or (ii) payment of first bi-weekly payment plus bank account or credit card information for pre-authorized payments.
Initiation fee is required for each Membership. There will be absolutely no refund of initiation fees, including but not limited to early cancellation or termination of Membership.
By signing up as a Member, you warrant that you are medically, physically and mentally capable of exercising safely, including but not limited to using the fitness equipment at the Premises or attending VIMALIFE fitness classes. You also confirm that you have no known medical conditions that would put your health at risk during exercise. As mentioned earlier in this agreement, VIMALIFE strongly recommends that you obtain clearance from your doctor or physician before beginning any exercise program.
Minimum Commitment Period
All 26-Week Memberships are a one-time commitment of the full term and do not automatically renew, with no freeze or cancellation permitted over and beyond the allowable period prescribed by the Ontario Consumer Protection Act, 2002.
All 52-Week Memberships require an annual commitment and are subject to our renewal, freeze and cancellation policies as described in this Agreement.
In the event you wish to cancel a 52-Week Membership prior to the minimum commitment period of one year, a cancellation penalty fee shall apply:
If you had pre-paid the full amount of your 52-Week Membership, the cancellation penalty fee is the equivalent value of twelve (12) weeks of your pre-paid term, and the full amount of such cancellation penalty fee will be withheld from the refund amount provided to you.
If your Membership is paid via pre-authorized bi-weekly payments, the cancellation penalty fee is six (6) bi-weekly payments, and such cancellation penalty fee must be paid on or before the agreed upon final date of your Membership.
Member requests to cancel Memberships due to extenuating circumstances will be considered on a case-by-case basis. For claims of medical reasons, a doctor's note is required from a physician who is a valid member of the College of Physicians and Surgeons of Ontario (the "CPSO") or equivalent governing college from another province.
Choose your Membership options below:
Summit: All-inclusive membership including the use of all gym equipment and access to all Group Fitness Classes at no additional cost
52-Week term – $123.18 bi-weekly or $2,882.18 Pre-Paid in Full*
26-Week term – 133.34 bi-weekly or $1,560.08 Pre-Paid in Full*
Foundation: Includes use of all gym equipment, with option to purchase Class Pass for individual classes (subject to availability)
52-Week term – $66.67 bi-weekly or $1,560.08 Pre-Paid in Full*
26-Week term – $76.84 bi-weekly or $899.03 Pre-Paid in Full*
* All prices listed above are subject to change. HST is included in prices listed above. VIMALIFE reserves the right to adjust fees from time to time, and changes in fees for Initiation and Membership dues will be communicated to existing Members within a reasonable time frame. Prices listed above do not include the initiation fee.
Your Rights Under the Consumer Protection Act, 2002
You may cancel this Agreement at any time during the period that ends ten (10) days after the later of a) the day you receive an executed written copy of the Agreement, and b) the day all the services are available. You do not need to give VIMALIFE a reason for cancelling during this 10-day period.
To cancel this Agreement, you must give notice of cancellation to VIMALIFE via registered mail, email, or personal delivery at the following address:
VIMALIFE INC.
276 Carlaw Avenue, Unit 101
Toronto, Ontario M4M 3L1
or by email to: pursuit@vimalife.ca
VIMALIFE will then have fifteen (15) days to refund any payment you have made.
In addition, you may also have other rights, duties and remedies at law. For more information, contact the Ontario Ministry of Consumer and Business Services.
Pre-Authorized Payments
All 52-Week Memberships require the completion of a Pre-Authorized Payment Consent Form and the provision of a valid credit card or bank account information. Once processed, VIMALIFE will automatically deduct the bi-weekly payments from the credit card or bank account provided.
Payments are debited from payment accounts and credit cards bi-weekly, beginning two weeks after the start date of this Agreement (the "Payment Due Date").
You are responsible to keep your Membership in good standing by ensuring your credit card or bank account contains sufficient funds for the bi-weekly Membership payments to be taken.
In the event that VIMALIFE is unable to receive payment due to insufficient funds, an expired credit card, changes to your payment account or other reasons:
A Non-Sufficient Funds ("NSF") fee of $30.00 will be charged for each failed payment attempt by VIMALIFE.
VIMALIFE will contact you by phone and email alerting you to the missed payment, and request that you address any issue with your payment account or credit card so payment can be taken within the next ten (10) business days.
If payment is not received, or we are unable to debit payment in that 10-business day period, a second written notice will be provided, advising that you will risk suspension of your Membership if payment is not provided before the next Payment Due Date.
If any payment is overdue by one (1) month or more, your Membership will be temporarily suspended until all payments due are brought up-to-date.
If you fail to keep your Membership in good standing for three (3) consecutive months, VIMALIFE reserves the right to cancel your Membership without further notice, and seek the assistance of a collections agency to settle any unpaid Membership fees.
VIMALIFE reserves the right to refuse Membership reinstatement or renewal, or insist on pre-payment arrangements for Members who have a history of delinquent payments.
Pre-Payment Options
Both a 26-Week Membership and 52-Week Membership can be pre-paid for the entire amount upon the Starting Date of the Membership, by debit card or credit card.
Any pre-paid 52-Week Membership is subject to the renewal policy outlined in Section D of this Agreement.
VIMALIFE is a cash-free business and does not accept cash payments. No cash is stored or accepted on the Premises.
Membership Upgrades / Change of Membership Type
Membership upgrade from Foundation to Summit can be requested at any time. To change Membership types, please speak to a member of our team.
Upon payment of the upgrade fee (if any), the new Membership type takes effect immediately and the very next bi-weekly payment due will be in the amount of the new Membership:
For pre-paid Memberships, any amount owing by the Member as a result of the difference in the price of the new Membership type must be paid up front.
If the Member opts to switch to a less expensive Membership type, the pre-paid funds representing the difference in price will be credited back to the client after a one (1) month hold in the current Membership type.
D. Membership Renewals (52-Week Memberships Only)
Notice of Renewal for all 52-Week Memberships will be sent by email to each Member six (6) weeks (42 days) prior to the renewal date listed in Section C of this Agreement.
If you receive a Notice of Renewal, please respond with your instructions within ten (10) business days as to how you wish to proceed with the renewal of your Membership.
After 10 business days have passed, a second and final Notice of Renewal reminder will be sent by email.
If no response is received from you to either Notice of Renewal prior to the renewal date, the Membership will automatically renew into a new 52-Week Membership of the same type, and at the current listed Membership price as of the renewal date, with payments being taken bi-weekly from the payment account or credit card provided. If the Membership was pre-paid, an additional email will follow with a Pre-Authorized Payment Consent Form to be completed and request for payment account or credit card information (you may also choose to pre-pay the year in advance).
Failure to submit payment for any 52-Week Membership on an automatically renewed term will result in suspension or cancellation of your Membership on the terms described in Section C, Sub-section #14 of this Agreement.
E. Termination of Membership by VIMALIFE
Membership with VIMALIFE is a privilege, and all parties to this Agreement acknowledge that Membership can be terminated at VIMALIFE's sole discretion in the circumstances outlined below:
Failure to keep your Membership in good standing; or
Any substantial violation of this Membership Agreement in part or in whole, including;
Acts of violence, illegal drug use or other criminal activity;
Excessive harassment, verbal abuse, or other inappropriate behaviour directed towards VIMALIFE management, staff and/or its Members, and occupants of 276 Carlaw Avenue; and/or
Any other aggrieving circumstance where you may pose a threat or danger to the safety and comfort of VIMALIFE management, staff, its Members, and/or other occupants of 276 Carlaw Avenue.
In the event of any of the above instances, VIMALIFE reserves the right to cancel your Membership without prior warning should the circumstance require such immediate action to ensure the safety and well-being of its staff and Members. In circumstances where VIMALIFE deems it to be appropriate, VIMALIFE may issue a written or verbal warning to cease and desist any questionable activity or risk the cancellation of your Membership within a time period that VIMALIFE deems fit.
In the event of termination of your Membership, you will forfeit any dues paid for the current month. If you pre-paid your Membership in advance, the balance of monies left on your account less the current month will be refunded to you. Retail purchases will still be subject to the refund policy outlined in Section B, sub-section 6 of this Agreement.
VIMALIFE reserves the right to suspend or cancel its Membership services and operations at any time due to unforeseen circumstances and/or events beyond its control, such as war, terrorism, insurrection, supply chain issues, labour disruptions, government orders or changes in local laws that restrict the ability of VIMALIFE to operate (e.g. pandemic restrictions), financial hardship, or unforeseen damage to the Premises such as a natural disaster, fire or other catastrophic events. In such circumstances, VIMALIFE will endeavor to give as much notice to its Members as possible.
F. Membership Freeze Policy
Membership freezes apply only to 52-Week Memberships. No freezes are allowed for 26-Week Memberships.
You have the option of freezing your Membership for up to a maximum of twelve (12) weeks or six (6) bi-weekly payments per year.
During the Membership freeze period, no pre-authorized bi-weekly payments will be taken. You are not permitted to use the Premises, attend Classes or use any VIMALIFE service during this period.
Requests for membership freezes must be submitted at least thirty days in advance and sent by email to support@vimalife.ca for approval by VIMALIFE management.
Once the freeze request has been received and approved, the Membership will be frozen for the requested period of time, with an effective start date as of the date of approval.
There is a one-time fee of $10.00 to freeze your Membership, payable upon the date that the Membership freeze begins. This fee applies to freezes on both bi-weekly and pre-paid Memberships.
The renewal date of the Membership is extended by the exact number of months that the Membership has been frozen. For example, if a Membership had an original renewal date of January 1st and the Membership was frozen for three months, the new renewal date of the Membership will be April 1st.
The six-month expiry period of any pre-paid Personal Training Services will be extended by the duration of the freeze.
Should the Member decide to cancel the Membership while the Membership is in a freeze, the same cancellation rules outlined in Section C of this agreement will apply.
Membership freezes do not entitle the purchaser to an automatic refund or any modifications of the retail refund policy described in Section B of this Agreement.
G. Change Room Rules and Procedures
Due to facility limitations, the lower floor Change Room area is a shared area for all genders, as described below:
There are three (3) Shower / Change Stalls, one (1) Accessible Shower / Change Stall, and three (3) Washroom Stalls side-by-side at one end of the Change Room
At the opposite end of the Change Room are the lockers and Change Room entrance
The centre area of the Change Room is an open space between the stalls and the lockers and is a shared area for all genders (the "Common Area").
The Change Room area, inclusive of the washroom facilities, is for Member use only. Washroom facilities are not available to the general public.
No nudity is permitted in the Common Area. Please use the Shower / Change Stall to dress or change clothing.
In the interest of protecting the privacy of our Members, absolutely no cell phone use, photography, filming or recording of any kind is permitted in any part of the Change Room area including the Common Area.
Members need to be respectful of others and help keep the Change Room area, including the sinks, toilets, shower stalls and Common Area clean by picking up and cleaning up after themselves.
To protect those with severe allergies, strong scented perfumes and colognes are discouraged on the Premises including the Change Room.
Please be courteous and limit the use of hot water and resources to what is needed, and limit the amount of time spent in the Shower / Change / Washroom Stalls to what those facilities are intended for (e.g. please do not occupy the stalls solely to watch YouTube videos, gaming, etc.)
Any individual requiring special accommodation for religious reasons should speak to VIMALIFE staff, ideally prior to commencing use of the Premises. VIMALIFE will make best efforts to accommodate such needs.
H. Footwear and Dress Code
No outdoor footwear is allowed in classes or the gym areas on the Premises. Members must bring a pair of indoor shoes for exercise.
Proper indoor footwear must be worn while exercising or attending a class, such as running shoes, tennis / basketball shoes or specialized exercise footwear. No boots, dress shoes, high heels, sandals or other non-athletic footwear are permitted during exercise. Spikes or soccer cleats meant for outdoor field use are not allowed.
No bare feet are permitted anywhere on the Premises, with the exception of certain classes in the studio (e.g. Yoga) and the Shower Stalls. VIMALIFE recommends the use of sandals in the Change Room area for those taking showers.
Members are asked to please wear clean socks.
Appropriate exercise attire is required – for example, t-shirts, shorts, track suits, leggings, sport bras and tank tops. No swimsuits, denim jeans, pajamas, underwear worn alone, or excessively baggy or loose-fitting clothing that could get caught in the equipment are allowed in exercise areas.
Clothing shall sufficiently cover genitalia and other private areas of the body. No toplessness (any gender) is allowed anywhere on the Premises except for the Shower or Washroom / Change Stalls.
Clothing that displays inappropriate, offensive or discriminatory images or passages are not permitted or tolerated, and Members will be asked to remove such articles of clothing or leave the Premises.
I. Entry to the Premises and the VIMALIFE App
VIMALIFE Members gain access to the Premises by scanning a code at the front desk from their cellphones.
Upon becoming a Member, VIMALIFE will provide you with your confidential account information for the VIMALIFE app. You must download the VIMALIFE app to your cellphone and use the account information provided to log into your account.
Once logged in, the app will produce a scannable code that you will show to the front desk upon your arrival at the Premises. Staff will scan your code, verify you with photo ID we have on file, and allow you into the Premises.
Your scannable code is only for your use and cannot be used by another individual. Staff will have access to photo ID of Members on file to verify identity.
Individuals caught using another Member's scannable code will be refused entry. Members who repeatedly provide their scannable code for others to use for entry to the Premises could be subject to suspension or termination of Membership.
In the event that technological issues prevent the VIMALIFE app from working, Members will be asked to produce photo ID and be checked in manually at the front desk.
J. Fitness Classes – Terms and Conditions
Fitness classes are included in Summit Memberships, and such Members may book their Class on the VIMALIFE app.
Foundation Members can purchase an individual Class Pass from the front desk for a prescribed amount per class. NOTE: subject to available spaces in each class. VIMALIFE reserves the right to limit or pause the purchase of individual Class Passes if Classes are full or oversubscribed.
Class bookings can be cancelled penalty free more than 24 hours prior to the start of the Class. A late cancellation will result in a strike recorded against the Member's account, and two (2) strikes results in revocation of class booking privileges for one (1) week. This rule applies to both, Summit and Foundation memberships.
Please arrive at least five (5) minutes early prior to the start of each Class, ready to begin. No entry will be allowed ten (10) minutes after Class has started.
Different types of Classes will each have a unique Maximum Allowable Capacity, depending on the equipment used and spacing requirements in each Class. VIMALIFE reserves the right to limit the number of Members in each Class for safety reasons.
Full Classes will have a waitlist, and entry will be granted in order of when each Member signed up for the waitlist.
Classes are the property of VIMALIFE and not the instructor. An absent instructor will result in VIMALIFE obtaining the services of an alternate instructor, and refunds for the cost of the Class will not be issued.
When attending a Class, you are responsible for providing your own hydration/water bottle, ensuring your valuables are secured, and dressing appropriately for specific exercise activity of each Class.
K. General Operating Procedures and Rules
VIMALIFE and staff are not responsible for the loss or theft of any personal belongings that you and other Members bring to the Premises at any time, including any items stored in lockers.
General use lockers must be emptied before closing each day. Lockers that have not been emptied will be opened by staff. Any locker contents left behind that are considered to be dangerous, unsanitary, lewd, or violates the terms of this Agreement shall be disposed of immediately. All other remaining contents will be placed in our lost and found for 30 days, and shall be donated or discarded if not claimed.
Verbal or physical abuse of VIMALIFE employees, management or Members will not be tolerated, and will be grounds for possible suspension or termination of Membership.
Loud music or audio from any personal devices is prohibited. If you wish to listen to music or watch videos while you are on the Premises, please bring and use earphones or headphones and keep your device sound silent to others.
Apart from water bottles and sport drinks or energy bars / gels required for exercise, no external food or drink is permitted anywhere on the Premises, including the outdoor seating area.
No alcohol of any kind is permitted on the Premises.
Please use the provided paper towels and sanitary spray to wipe down and sanitize touch areas of equipment, weights and mats after use.
Members are asked to refrain from bringing and displaying any photos, murals, paintings, clothing or other printed or on-screen images or passages that may be considered offensive, pornographic, derogatory, discriminatory, or otherwise inappropriate for a shared fitness environment. Failure to comply with this request could result in cancellation of Membership.
WIFI Internet access is available to Members only.
Members are asked to refrain from accessing, downloading and/or displaying on-screen any websites, images, passages or artwork while at the Premises that may be considered offensive, pornographic, derogatory, discriminatory or otherwise inappropriate for a shared workplace environment. Failure to comply with this request could result in cancellation of Membership.
Absolutely no use of VIMALIFE facilities or WIFI network to engage in illegal, pornographic / lewd, sexual or criminal activity of any kind. VIMALIFE reserve the right to suspend or terminate any Membership or deny access to the Premises without warning in this circumstance.
Smoking of tobacco, cannabis and e-cigarettes, as well as the consumption of recreational and illicit drugs, are not permitted anywhere on the Premises or in and around the building located at 276 Carlaw Avenue.
Sexual harassment and racial / religious abuse of any kind will not be tolerated – any such actions could lead to the suspension or cancellation of Membership.
To protect the privacy of our Members and staff, video / audio recording and photography is strictly prohibited on the Premises, with the following exceptions:
Permission is sought from, and granted by VIMALIFE management to any individual, business or company to film, record or take photos within the Premises, and a sufficient amount of prior notice allows VIMALIFE to alert its Members of such filming, recording or photography; and
VIMALIFE holds an event or press conference on the Premises and explicitly invites individuals to film, record or take photos on the Premises, and Members have been provided notice of such event.
VIMALIFE reserves the right to record video surveillance on the Premises for safety and security reasons.
VIMALIFE may from time-to-time photograph or film promotional content on the Premises with advanced notice to Members.
L. Etiquette
With the exception of serious circumstances, VIMALIFE does not police etiquette. VIMALIFE staff will not mediate general disputes between Members. That said, Members are asked to please be considerate and observe the following points of gym etiquette while on the Premises:
Please stay home if you are feeling sick or have an illness.
Treat others with the respect you would like to be treated with.
Give other Members and staff their "space" – please practice sufficient social distancing.
Please keep conversations at an acceptable level and do not scream at others.
Refrain from horseplay, sparring, fighting, tackling or chasing others.
Please treat the equipment as if it was your own – avoid banging the weight plates on the universal machine, do not abuse any equipment, and wipe down / sanitize after use. Alert VIMALIFE staff immediately if there are any issues with the equipment.
During Peak Hours / Busy Periods:
Please limit your use of the cardio machines to 30 minutes;
Please observe the 15-minute limit for strength machines; and
Where possible, please share the strength machines by allowing others to "work in" a set while you are resting in between your sets.
Do not use profane, coarse or inappropriate language.
No sex, smoking, recreational drug use or inappropriate behavior anywhere on the Premises, including but not limited to the Change / Shower / Washroom Stalls.
Do not spit or blow your nose onto the floor, into sinks or water fountains.
Please share the equipment appropriately – for example, someone might want to use the bench press while you are watching a YouTube video.
Alert VIMALIFE staff immediately for any plumbing, cleaning or maintenance needs .
Refrain from bringing outside food or retail onto the Premises, including the seating area near the retail desk and the outdoor patio (personal water bottles / hydration excepted).
M. Pets and Animals
Service Animals that are individually trained to work or perform tasks for individuals with disabilities (for example, a Service Dog trained to guide a visually impaired individual) are permitted to accompany Members or guests to certain areas of the Premises that are deemed necessary and safe for the Member / guest and the Service Animal. VIMALIFE may request you to remove your Service Animal if, in VIMALIFE's discretion:
The Service Animal is out of control and you do not or are not able to take sufficient action to regain control of the Service Animal;
The Service Animal is damaging, befouling or defecating on the Premises;
A direct threat to the safety and / or health of Members, staff or guests are being posed by the Service Animal; or
The Service Animal is behaving in a manner that hinders or prevents VIMALIFE from carrying on business and delivering services to its Members.
Apart from Service Animals, no pets or animals are allowed on the Premises at any time. Members caught doing so will be asked to remove the animal(s) and leave the Premises.
N. Privacy Policy
VIMALIFE uses the personal data collected through the course of your Membership to deliver the requisite services needed to fulfill your Membership experience, including but not limited to your access to the Premises, the VIMALIFE app, delivery of Member services, and safety and security of our Members.
Information collected during the course of your Membership may include but is not limited to your name, contact information, birth date, demographic information, credit card or banking information, photo ID, digital photo image of your face, details of your physical conditioning and health, nutrition, fitness goals, workout results, allergies, personal preferences, and any information obtained through interactions with yourself in person, by phone or via social media interactions.
VIMALIFE may use such information to administer your Membership, take your payments, deliver Member services, respond to your inquiries, offer special promotions, and communicate with you regarding your account or to provide updates and news regarding our service and facility. Depending on the nature of the communication, VIMALIFE may contact you via regular mail, email, telephone, text or other means.
Information may be disclosed to third parties as needed to administer your Membership and operate VIMALIFE's business, including without limitation for compliance, legal and protection purposes. VIMALIFE may share your information with its affiliated companies, including but not limited to VIMALIFE's independent contractors, Property Management and collection agencies, who may use your information for their own business needs, such as sending you correspondence. VIMALIFE may share with third parties certain anonymous data with third parties that may include your information but does not identify you. In the event of a merger, sale of the business or other corporate transaction, information will be transferred to the relevant third party without notice to you.
VIMALIFE may use your personal data to provide special offers, promotions and information about VIMALIFE's service offerings to you. We may also use your personal data to determine if you are eligible for certain offers. We may also send you information about products, services and promotions of our business partners that we think you may find interesting. Where required by law, we will obtain your consent to send you marketing communications, and provide the option of opting out of future marketing communication mailings. Please allow VIMALIFE up to thirty (30) days to completely remove you from marketing communication distribution lists.
O. General Terms and Conditions
This Membership Agreement is subject to applicable laws and regulations of the City of Toronto, the Province of Ontario and Canada.
This Agreement, together with the Membership Form and other accompanying schedules to same, constitutes the entire agreement between you and VIMALIFE with regards to your Membership with VIMALIFE, and supersedes any prior oral or written representations, promises or understandings.
You acknowledge that VIMALIFE reserves the right to, in its sole discretion, update, remove or change the terms of this Agreement at any time, provided that any changes to this Agreement are communicated to Members within a reasonable time frame via the VIMALIFE newsletter or any other method of communication deemed appropriate by VIMALIFE management.
If any provision or portion of this Agreement is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, such specific invalid or unenforceable provision or portion will not affect the remainder of this Agreement. VIMALIFE reserves the right to amend and/or modify such provision or portion in order to render it valid and enforceable.
Informal Dispute Resolution: VIMALIFE asks that you to contact our front desk or send us an email to support@vimalife.ca, so we have the opportunity to resolve any problem or concern by contacting us or contacting our front desk.
If any dispute is not resolved through Informal Dispute Resolution, you agree to submit any and all disputes to binding arbitration on an individual basis only, and not on a class-wide basis.
The VIMALIFE name, logo, app, social media channels, branding, workout programs and contents of VIMALIFE instructional materials and fitness classes are the exclusive property of VIMALIFE INC. and may not be shared, copied, recorded, reproduced, appropriated or utilized beyond the terms of this Agreement, without the prior written consent of VIMALIFE INC.
This Membership Agreement may be executed in counterparts, each of which may be signed by less than all of the parties but collectively all of which shall constitute one and the same agreement. A signed copy of this Agreement delivered by facsimile or electronically by e-mail or other means of electronic transmission (for example, DocuSign or AdobeSign) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.